BLOG: Activist judge enforces Constitution

Subject to Complete Defeasance
September 3, 2007
In this case, the judge noted that U.S. Supreme Court and Iowa Supreme Court have deemed marriage a fundamental right. On that basis he applied strict scrutiny and shot down the law because the purported state interests — (1) promoting procreation, (2) promoting child-rearing in a mother-father setting, (3) promoting stability in opposite-sex relationships, (4) conserving public and private resources, and (5) "promoting the concept or integrity of traditional marriage" — are not compelling. In addition, the means of promoting those interest, namely a total ban on same-sex marriages, isn't narrowly tailored to produce those results. For instance, the defense never managed to articulate exactly how precluding gays from marrying promotes procreation. [Link]